Copyright Ownership. Designer owns the copyright in any and all Services she provides pursuant to federal copyright law (Chapter 17, Section 201-02, of the United States Code.) Any and all designs produced in connection with, or in the process of fulfilling this agreement, are expressly and solely owned by Designer to use in the reasonable course of Designer’s business.

Permitted Uses of Wedding stationery. Designer grants to Client a non-exclusive license of designs produced with and for Client for personal use only so long as Client provides Designer with attribution each time Client uses Designer’s property. Personal use includes use within the following contexts:

In photos on Client’s personal social media pages or profiles

In personal creations, such as a scrapbook or personal gift

In personal communications, such as a family newsletter or email or holiday card

Artistic Release.

Style. Client has spent a satisfactory amount of time reviewing Designer’s work and has a reasonable expectation that her designs will be produced in a similar manner and style.

Consistency. Designer will use reasonable efforts to ensure Client’s designs are produced in a style and manner consistent with Designer’s current portfolio and Designer will try to incorporate any suggestions Client makes. However, Client understands and agrees that:

Every client and wedding is different, with different tastes, budgets, and needs;

Custom wedding stationery design is a subjective art and Designer is an artist with a unique vision, with an ever-evolving style and technique;

Designer will use her personal artistic judgment to create designs for Client, which may not include strict adherence to Client’s suggestions;

It is within Designer’s sole discretion as to how to edit the designs she creates;

Dissatisfaction with Designer’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Limit of Liability.

Maximum Damages. Client agrees that the maximum amount of damages she is entitled to in any claim of or relating to this Agreement or Services provided herein are not to exceed Designer’s Total Cost as set forth in Section II (a) of this Agreement.

Loss of Designs. In the event that any or all designs are lost, such as damage to or loss of designs will be handled in one of the following ways:

If design files are lost or the final product is damaged by Designer, then products will be replaced and or refunded in full

If finished products are lost in the mail, then items will not be replaced by the Designer, as it is outside of their control.

Indemnification. Client agrees to indemnify, defend and hold harmless Designer and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or products Designer provides to Client.

Cancellation and Rescheduling. Performance of Services by Designer may be cancelled or rescheduled according to the following circumstances:

Cancellation or Rescheduling of Services.

Client Desires to Reschedule or Cancel Services. If the Client desires to reschedule or cancel Services of Designer for any reason at any time, then Client shall provide Notice to Designer as soon as possible.

Providing Notice will not relieve Client of any payment obligations.

Designer will not be obligated to refund any portion of monies Client has previously paid to Designer.

Designer has no obligation to attempt to re-book further Wedding stationery services to fill the void created by Client’s cancellation or rescheduling.

Cancellation due to Impossibility.

Force Majeure. Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as:

Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

No-Shows. If it becomes impossible for Designer to render Services due to the fault of the Client or parties related to Client, such as failure of the wedding to occur or failure of one or more essential parties to the wedding stationery process to provide Designer with necessary information, it is within the Designer’s sole discretion to allow for any additional time or dates to render Services. In such an event, any outstanding amount will immediately become due and payable to Designer.

Failure to Perform Services. In the event Designer cannot or will not perform her obligations in any or all parts of this Agreement, she (or a responsible party) will:

Immediately give Notice to Client;

Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

Excuse Client of further performance obligations in this Agreement.

Governing Law. The laws of Michigan govern all matters arising under or relating to this Agreement, including torts.

Notice. Parties shall provide effective notice (“Notice”) to each other via Email at the date and time which the Notice is sent.

Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each party remain legal and enforceable.

Merger. This Agreement constitutes the final, exclusive agreement between the parties on the matters contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendments. The parties may amend this Agreement only by the parties’ written agreement with proper Notice.